Public Law 114-267 | Public Law 114–267: To require the Secretary of Homeland Security to conduct a Northern Border threat analysis, and for other purposes.

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PUBLIC LAW 114–267—DEC. 14, 2016

130 STAT. 1385

Public Law

114–267

114th Congress

An Act

To require the Secretary of Homeland Security to conduct a Northern Border threat analysis, and for other purposes.

Dec. 14, 2016

[S. 1808]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Northern Border Security Review Act.

SECTION 1.

SHORT TITLE.

This Act may be cited as the “

Northern Border Security Review Act

”.

SEC. 2.

DEFINITIONS.

In this Act:

(1)

Appropriate congressional committees.—

The term “

appropriate congressional committees

” means—

(A)

the Committee on Homeland Security and Governmental Affairs of the Senate;

(B)

the Committee on Appropriations of the Senate;

(C)

the Committee on the Judiciary of the Senate;

(D)

the Committee on Homeland Security of the House of Representatives;

(E)

the Committee on Appropriations of the House of Representatives; and

(F)

the Committee on the Judiciary of the House of Representatives.

(2)

Northern border.—

The term “

Northern Border

” means the land and maritime borders between the United States and Canada.

SEC. 3.

NORTHERN BORDER THREAT ANALYSIS.

(a)

Deadline.

In General.—

Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit a Northern Border threat analysis to the appropriate congressional committees that includes—

(1)

current and potential terrorism and criminal threats posed by individuals and organized groups seeking—

(A)

to enter the United States through the Northern Border; or

(B)

to exploit border vulnerabilities on the Northern Border;

(2)

improvements needed at and between ports of entry along the Northern Border—

(A)

to prevent terrorists and instruments of terrorism from entering the United States; and

(B)

to reduce criminal activity, as measured by the total flow of illegal goods, illicit drugs, and smuggled and 130 STAT. 1386 trafficked persons moved in either direction across to the Northern Border;

(3)

gaps in law, policy, cooperation between State, tribal, and local law enforcement, international agreements, or tribal agreements that hinder effective and efficient border security, counter-terrorism, anti-human smuggling and trafficking efforts, and the flow of legitimate trade along the Northern Border; and

(4)

whether additional U.S. Customs and Border Protection preclearance and preinspection operations at ports of entry along the Northern Border could help prevent terrorists and instruments of terror from entering the United States.

(b)

Examination.

Analysis Requirements.—

For the threat analysis required under subsection (a), the Secretary of Homeland Security shall consider and examine—

(1)

technology needs and challenges;

(2)

personnel needs and challenges;

(3)

the role of State, tribal, and local law enforcement in general border security activities;

(4)

the need for cooperation among Federal, State, tribal, local, and Canadian law enforcement entities relating to border security;

(5)

the terrain, population density, and climate along the Northern Border; and

(6)

the needs and challenges of Department facilities, including the physical approaches to such facilities.

(c)

Classified Threat Analysis.—

To the extent possible, the Secretary of Homeland Security shall submit the threat analysis required under subsection (a) in unclassified form. The Secretary may submit a portion of the threat analysis in classified form if the Secretary determines that such form is appropriate for that portion.

Approved December 14, 2016.

LEGISLATIVE HISTORY—S. 1808 (H.R. 455):

HOUSE REPORTS: ┐No. 114–232 (Comm. on Homeland Security) accompanying H.R. 455.

SENATE REPORTS: ┐No. 114–155 (Comm. on Homeland Security and Governmental Affairs).

CONGRESSIONAL RECORD, Vol. 162 (2016):

Nov. 16, considered and passed Senate.

Nov. 29, considered and passed House.

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